BILL REQ. #:  H-3856.1 

Read first time 01/14/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to prohibiting employers from compelling or coercing disclosure of social security numbers on employment applications; adding a new section to chapter 49.44 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the widespread availability of social security numbers contributes to identity theft, which has been well-documented as one of the nation's fastest growing crimes. Requiring applicants to disclose social security numbers on employment applications unreasonably and unnecessarily increases the risk of exposing applicants to fraudulent users of social security numbers. For these reasons, the legislature declares that applicants need not provide social security numbers to potential employers in the absence of offers of employment.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.44 RCW to read as follows:
     (1) An employer may not compel or coerce a person into providing a social security number on an employment application or through any other means until the employer gives the person an offer of employment. Any request for a social security number before an offer of employment must be in writing, and must state that disclosure of a social security number before an offer of employment is voluntary.
     (2) An employer may not discriminate against a person because he or she does not provide a social security number before an offer of employment.
     (3)(a) A person who believes an employer has violated subsection (1) or (2) of this section may file a complaint alleging the violation with the director of the department of labor and industries. The applicant may allege a violation only by filing such a complaint within ninety days of the alleged violation.
     (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether subsection (1) or (2) of this section has been violated. Notice of the director's determination must be sent to the person who filed the complaint and the employer within ninety days of receipt of the complaint.
     (c) If the director determines that an employer violated subsection (1) or (2) of this section, the employer is subject to a civil penalty of at least one hundred dollars and not more than two hundred fifty dollars for each violation.